1. The Defendant’s payment order for the materials rent case against the Plaintiff at the Daegu District Court Branch 2014 tea 1624.

Based on the facts, the Defendant supplied temporary materials at the Plaintiff’s construction site, and filed an order for payment with the Plaintiff for the payment of KRW 8,371,200 and the delayed damages incurred from the destruction of temporary materials with the amount of KRW 4,291,200 and the amount of KRW 4,080,000, and the amount of KRW 8,371,200 due to the loss of the temporary materials, and the payment order was issued from the said court on June 9, 2014 (hereinafter “instant payment order”).

The Plaintiff was served with the instant payment order on June 11, 2014, but the instant payment order became final and conclusive as the Plaintiff’s objection was dismissed on July 2, 2014 after the 14th day.

On the other hand, C Co., Ltd. (hereinafter “C”) awarded a contract for the D Project (E new, hereinafter “instant Construction”) in 2013, which was ordered by the Seogyeongbuk-do Institute of Forestry and Environment on April 9, 2013.

[Ground of recognition] In the absence of dispute, Gap 2, Eul 4, Eul 3-1 to 4, Eul 3-2, Eul 2's assertion as to the purport of the whole pleadings, and the plaintiff alleged as to the purport of the whole pleadings, and the plaintiff did not conclude a temporary re-lease contract with the defendant as to the construction of this case. Thus, the defendant did not bear any obligation under the payment order of this case, and the compulsory execution based on the payment order of this case

As to this, the Defendant concluded a temporary re-lease agreement with the Plaintiff on the instant construction work.

Accordingly, the plaintiff asserts that he received rent and deposit from the plaintiff.

Judgment

In the case of a final and conclusive payment order, the reason for failure, invalidation, etc. occurred prior to the issuance of the payment order can be asserted in the lawsuit of objection against the payment order with respect to the claim which became the cause of the claim of the payment order, and the burden of proof as to the cause of objection in the lawsuit of objection shall be in accordance with the principle of allocation of burden of proof in the general civil

Therefore, in the lawsuit of objection against the established payment order.